The main legal point established in the judgment is the requirement of permission under the Karnataka Forest Conservation Act, 1980 for diversion of forest land and the lack of jurisdiction and competence of the Assistant Commissioner under the Karnataka Land Revenue Act, 1964.

Ram Mohan Reddy, J.

1. Since common questions of law and that of fact arise for decision making, with the consent of the learned Counsel for the parties, petitions are clubbed together, finally heard and disposed of by this order.

2. In all these petitions, the challenge is over the official memorandum dated 23.4.2015 whereunder the Assistant Commissioner, Bangalore North Sub-Division, Bengaluru, directed:-- (i) Tahsildar, Bengaluru East Taluk, to mutate by recording the name of "Government Forest Department" in respect of Sy. No. 1 measuring 711 acres of Kadugodi Plantation, Bidarahalli Hobli, Bengaluru East Taluk, against Column No. 9, and 12 (2) while against column 11 to record "Dinnur colony" in the RTC pahani, in accordance with Rules and regularize such entries; (ii) transfer of the said lands to the Forest Department and; (iii) liberty to the Revenue Department to exercise jurisdiction under Section 71 of the Karnataka Land Revenue Act, 1964, (for short 'KLR Act'), in the event, the Forest Department does not utilize entire extent of land, in so for as left over portion to be utilized for any public purpose and re-appropriate that portion for such public purpose as may be warranted, a deeming fiction that Forest Department had surrendered/transferred the lands to the Revenue Department.

3. The grievance of the petitioners, in common, is that the State Government exercising jurisdiction under Section 3(1) of Karnataka Industrial Area Development Act, 1966 (for short 'KIAD Act') declared 148 Acres 20 guntas of land in Sy. No. 1 of Kadugodi Plantation by notification dated 4/10-8-1970 as an industrial area and by another notification dated 5/10-8-1970, declared that Chapter VII of the said Act would come into force, prior to coming into force of Karnataka Forest (Conservation) Act, 1980 with effect from 25th October 1980 and therefore, neither the revenue department of the State nor the Forest Department have any right, title or interest over the said lands. It is the further allegation of petitioners that the Assistant Commissioner had neither jurisdiction nor competence to pass the order impugned, under the 'KLR Act'.

4. Learned counsel for petitioners in each of the petitions, while reiterating the averments in the memorandum of writ petitions submit that on an earlier occasion, action initiated by the Forest Department claiming the said lands as reserve forest, some of the petitioners filed W.P. 7200/2008 called with W.P. 29765-66/2009, whence, by common order dated 25th May 2012, recorded findings of fact that the land in Sy. No. 1 of Kadugodi Plantation was not 'reserve forest' which order, subject matter of challenge in W.A. Nos. 4283/2012 c/w 4205/2012 filed by the State is pending before the Division Bench. Learned counsel further submit that State having suffered the order, the Assistant Commissioner without applying his mind, on the basis of an order dated 13.4.2010 in W.P. No. 12322/2008 which was set-aside in W.A. No. 2650-58/2010 by order dated 18th November 2010 passed the order impugned, contrary to the findings recorded in W.P. No. 7200/2008 and connected petitions by order dated 25th May 2012, subject matter of pending writ appeals.

5. Learned counsel further submit that the order impugned suffers from an error apparent on the face of the record due to violation of principles of natural justice, in not affording an opportunity of hearing to the petitioners. In addition, it is submitted that the Assistant Commissioner without authority of law directed reserving liberty to the revenue department to invoke Section 71 of the 'KLR Act', in the event Forest Department did not utilize the entire portion of the land and put to use the non-utilized portion for public purpose while deeming it to have been surrendered/transferred to the revenue Department.

6. On 13.07.2015 the following order was passed in W.P. 21849/2015:

"Sri D.S. Ramachandra Reddy, learned counsel submits that he is the Special Counsel entrusted